Section 83 Notice of land attachmentI1

Scotland

(1)

A notice of land attachment must—

(a)

be in (or as nearly as may be in) the form prescribed by Act of Sederunt;

(b)

describe the land to be attached; and

(c)

be registered in both—

(i)

the property register in which title to the land is registered (in this Chapter, the “appropriate property register”); and

(ii)

the Register of Inhibitions.

(2)

It is not competent to register a notice of land attachment unless the sum which the debtor has been charged to pay exceeds the sum mentioned in subsection (3) below.

(3)

That sum is—

(a)

£3,000; or

(b)

such other sum as may be prescribed by the Scottish Ministers by regulations.

(4)

It is competent to register a single notice of land attachment in relation to two or more sums which, under separate warrants for diligence in execution, the debtor has been charged to pay.

(5)

The F1officer of court must, on or as soon as is reasonably practicable after the day or, as the case may be, the last day on which the notice of land attachment is registered, serve a copy of the notice on—

(a)

the debtor;

(b)

any person who owns the land (whether solely or in common with the debtor); and

(c)

any tenant under a long lease of the land.

(6)

If, before the expiry of the period of 28 days referred to in section 81(3) of this Act, the creditor does not register a certificate of service on the debtor, the notice of land attachment is, and is deemed always to have been, void.

(7)

Subsection (1) above applies to a certificate of service as it applies to a notice of land attachment.

Annotations

Textual amendments

F1: Words in s. 83(5) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 24(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1

Commencement

I1: S. 83 partly in force; s. 83 not in force at Royal Assent see s. 227; s. 83(1)(a)(3)(b) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)